​Can I Relocate My Kids out of State During Divorce Proceedings?

Rohom Khonsari October 29, 2022

A job offer in another state, a new relationship, or a desire to be closer to extended family may prompt you to consider relocating with your child after a Florida divorce. However, Florida law imposes specific procedural and evidentiary requirements on parental relocation that many parents do not anticipate.

Moving 50 or more miles from your current residence with a minor child requires either a written agreement from the other parent or a court order. Failing to follow those rules may result in contempt proceedings and forced return of the child. A Florida family law attorney familiar with your financial situation and custody arrangement is the right person to walk you through this before you make any plans.

Parents in Tampa, Clearwater, St. Petersburg, Pinellas County, and Hillsborough County frequently face relocation disputes. If a relocation is on your mind and your divorce involves significant assets, complex custody, or a high-conflict co-parenting dynamic, Khonsari Law Group offers free consultations to help you understand the path ahead.

Schedule a Free Initial Consultation

 

Can I Move Out of State With My Child During a Divorce in Florida?

Generally, no — you cannot move out of state with your child during a divorce in Florida without either the other parent’s written consent or a court order. Moving without permission can result in court sanctions and may negatively impact your custody case.

Florida governs parental relocation through Florida Statute 61.13001, one of the most detailed relocation statutes in the country. The law applies to any parent or person with court-ordered time-sharing who wants to move 50 or more miles from their principal residence for a period of at least 60 consecutive days. Temporary absences for vacation, education, or healthcare do not trigger the statute.

Two Legal Paths to Relocation

Florida law provides two routes for a parent who wants to relocate with a child. The path you take depends on whether the other parent agrees to the move.

If both parents consent, they may sign a written agreement that specifies the new location, a revised time-sharing schedule, and transportation arrangements. The agreement must then receive court ratification. If no party requests a hearing within 10 days of filing the agreement, the court may ratify it without one.

If the other parent objects, the relocating parent must file a formal petition under Section 61.13001(3). The petition must include specific information required by the statute, and Florida courts demand strict compliance with these requirements. Substantial compliance is not enough.

What Must a Relocation Petition Include

The petition must be signed under oath and served on the other parent and anyone else with court-ordered time-sharing. Florida law requires the petition to contain specific information, and omitting any of the following may render the petition legally insufficient:

• The physical address and mailing address of the intended new residence, if known
• The date of the intended move and a detailed statement of the specific reasons for the relocation
• A proposed revised time-sharing schedule for the nonrelocating parent with transportation arrangements
• A written job offer, if a job opportunity is one of the stated reasons for the move
• A statutory notice in bold capital letters informing the other parent of the 20-day deadline to file a written objection

Courts may dismiss petitions that fail to strictly comply with these statutory requirements. The statute places the procedural burden squarely on the relocating parent, and a Florida family law attorney familiar with these requirements helps prevent a dismissal before the case even reaches a hearing.

What Factors Does a Florida Court Consider in a Relocation Case

When the nonrelocating parent files a timely objection, the court holds an evidentiary hearing to decide whether the move serves the child’s best interests. Florida Statute 61.13001(7) lists the specific factors a judge must evaluate, and no presumption exists in favor of or against the relocation.

The court reviews the following factors when deciding a contested relocation petition:

• The nature, quality, and duration of the child’s relationship with each parent and with siblings, half-siblings, and other significant people in the child’s life
• The age and developmental needs of the child, including any special needs, and the likely impact of the relocation on the child’s education and emotional well-being
• Whether the relocation enhances the general quality of life for both the parent and the child, including financial, emotional, and educational opportunities
• The feasibility of maintaining a meaningful relationship between the nonrelocating parent and the child through substitute time-sharing and communication arrangements
• Each parent’s reasons for seeking or opposing the move, and whether either parent has a history of substance abuse or domestic violence

The relocating parent bears the initial burden of proving by a preponderance of the evidence that the move serves the child’s best interests. If that burden is met, the nonrelocating parent must then show that the relocation is not in the child’s best interests. Relocation cases are fact-intensive, and the strength of the evidence each parent presents often determines the outcome.

How Does Relocation Affect Child Support and Financial Arrangements in High-Asset Divorces

In divorces involving substantial wealth, a relocation does not just change where the child lives. It may reshape the entire financial framework of the divorce settlement. Time-sharing directly affects child support calculations under Florida Statute 61.30, and a significant change in overnight counts may increase or decrease the support obligation for either parent.

Child Support Adjustments After Relocation

When the court approves a relocation, it typically modifies the time-sharing schedule. That modification often triggers a recalculation of child support, because the formula accounts for the number of overnights each parent exercises. A parent who previously had 50/50 time-sharing and now exercises fewer overnights due to distance may see their support obligation increase.

The court also allocates transportation costs between the parents as part of the relocation order. For families with children traveling between Tampa Bay and another state, these costs may be substantial and factor into the adjusted child support amount.

In high-asset cases, relocation may set off a chain of financial consequences beyond the support calculation itself. Areas commonly affected include the following:

• Child support recalculations based on the revised time-sharing overnight count
• Allocation of airfare, hotel, and ground transportation costs for the child’s travel between homes
• Potential modifications to alimony if the receiving spouse moves to a location with a significantly different cost of living
• Potential changes to the management, sale, or buyout of jointly held real property, business interests, or investment accounts tied to the Tampa Bay area

These ripple effects are why families with significant financial stakes need a Florida family law attorney who understands both the relocation statute and the broader financial picture of their divorce.

Alimony and Property Considerations

A relocation alone does not automatically modify alimony. However, a move to a state with a lower cost of living may become relevant evidence in a later modification proceeding. Similarly, if both parents share ownership of real property or business interests based in Pinellas County or Hillsborough County, a relocation may prompt conversations about buyouts, sales, or management changes that were not part of the original settlement.

What Happens if You Relocate Without Court Approval in Florida

Moving with your child before obtaining court approval or a written agreement from the other parent carries real consequences. Florida courts enforce the relocation statute carefully, and violations may significantly affect your custody rights.

Contempt of Court and Forced Return

A parent who relocates without following the requirements of Section 61.13001 may face contempt of court proceedings. The court may order the immediate return of the child and impose sanctions. Florida courts require careful adherence to the procedural requirements outlined in the statute.

The range of consequences for unauthorized relocation may include:

• A court order compelling the immediate return of the child to the original jurisdiction
• A finding of contempt of court, which may carry fines or other sanctions
• An award of attorney’s fees and costs to the nonrelocating parent
• Unfavorable modifications to the parenting plan that reduce the relocating parent’s time-sharing

These consequences reflect Florida’s firm stance that relocation decisions must go through the proper legal channels. A parent who believes they need to move quickly may seek an expedited hearing for temporary relocation, which the statute grants priority on the court’s calendar.

Impact on Future Time-Sharing Decisions

An unauthorized move may also factor into future custody and time-sharing determinations. Under Florida Statute 61.13001(11), a court may consider a parent’s failure to comply with the relocation statute when modifying the parenting plan. This means that moving without approval may weaken your position in any future time-sharing dispute.

Relocating without court permission can create legal and strategic disadvantages that are often difficult to reverse. A Florida family law attorney helps you follow the correct procedure and build the strongest case for your relocation petition.

How the 50/50 Time-Sharing Presumption Under CS/HB 1301 Affects Relocation

Florida’s 50/50 time-sharing presumption, which took effect July 1, 2023 under CS/HB 1301, adds another dimension to relocation cases. The law creates a rebuttable presumption that equal time-sharing serves the child’s best interests. Because relocation of 50 or more miles typically makes equal time-sharing impractical, the court must reconcile the presumption with the realities of distance and logistics.

What This Means for Parents Seeking or Opposing Relocation

The 50/50 time-sharing presumption affects both sides of a relocation dispute and increases the importance of the evidence presented at the hearing.

For the parent seeking to relocate, the presumption may raise the evidentiary burden. The parent must demonstrate that the move provides clear benefits for the child, such as improved educational opportunities, reliable family support, or a documented career opportunity.

For the objecting parent, the presumption supports maintaining equal time-sharing, but it does not decide the case. The court still evaluates all statutory relocation factors and determines whether the proposed move serves the child’s best interests.

Because the court must weigh the time-sharing presumption alongside the relocation statute, careful preparation and well-supported evidence often shape the outcome.

How We Support Parents Facing Relocation in High-Asset Divorces

At Khonsari Law Group, we represent parents facing relocation disputes in high-asset divorces across Pinellas County, Hillsborough County, and throughout Florida. A proposed move can change time-sharing, child support, alimony, and the handling of real estate or business interests tied to a specific location. We address both the parenting and financial components of these cases.

Trial-Tested Advocacy for Contested Relocation Cases

Founder Rohom Khonsari began his career in the Pinellas County State Attorney’s Office, prosecuting felony cases and developing a strong courtroom foundation. With more than 20 years of litigation and negotiation experience, we understand how local judges evaluate relocation petitions and the financial evidence behind them.

We handle custody disputes, time-sharing modifications, relocation petitions, child support, alimony, and property division, particularly in financially complex divorces.

Recognized Representation in the Tampa Bay Area

Khonsari Law Group has been featured by ABC Action News, Bay News 9, the Tampa Bay Business Journal, and the Tampa Bay Times. We are members of the Florida Association of Criminal Defense Lawyers and recipients of the AVVO Clients’ Choice award. Families throughout Tampa Bay turn to our firm for direct communication and focused advocacy in high-stakes family law matters.

FAQs for Florida Family Law Attorneys

Do I need court permission to move with my child after a divorce in Florida?

Yes. Under Florida Statute 61.13001, a parent must obtain either written consent from the other parent or court approval before relocating 50 or more miles for 60 consecutive days. If your move takes you 50 or more miles from your current principal residence for 60 or more consecutive days, you need either a written agreement from the other parent or court approval under Florida Statute 61.13001. Temporary moves for vacation, education, or healthcare do not require court permission.

What happens if the other parent objects to my relocation?

The other parent has 20 days after being served with the petition to file a written objection. If they object, you may not relocate and must proceed to an evidentiary hearing where a judge evaluates the statutory factors. If they fail to file a timely written objection within 20 days, the court may permit the relocation without an evidentiary hearing, so long as the statutory requirements are satisfied.

How does relocating out of state affect child support in Florida?

Relocation typically changes the time-sharing schedule, which directly affects child support calculations under Florida Statute 61.30. The court also allocates transportation costs between the parents and may adjust child support to account for these additional expenses.

Does the 50/50 time-sharing presumption make relocation harder to obtain?

The 50/50 presumption under CS/HB 1301 does not prohibit relocation, but it may raise the evidentiary bar for the relocating parent. Because the law presumes equal time-sharing is in the child’s best interests, the parent seeking to move must present compelling evidence that the relocation serves the child better than the current arrangement.

What are the penalties for relocating without court approval in Florida?

Unauthorized relocation may result in contempt of court, forced return of the child, and an award of attorney’s fees to the other parent. The court may also consider the unauthorized move when making future time-sharing and custody decisions, potentially reducing the relocating parent’s time with the child.

Take Action With a Florida Family Law Attorney Before You Make a Move

Relocation after a divorce is not just a personal decision. It is a legal one that touches every financial and parenting arrangement in your case. In high-asset divorces where child support, alimony, property division, and business interests are intertwined, the stakes of getting it wrong multiply quickly. Consulting a Florida family law attorney before finalizing relocation plans can help you evaluate risks, preserve your position, and comply with statutory requirements.

The firm represents parents across Tampa, Clearwater, St. Petersburg, and surrounding communities in complex relocation and high-asset family law matters. Contact us today to discuss your situation and build a plan that protects your rights and your children’s stability.

Schedule a Free Initial Consultation